Terms of Service

These Terms of Service ("Terms") govern your access to and use of thekreativebrands.com and its subpages (the "Site"), operated by Kreative Brands LLC ("Kreative Brands," "we," "us," or "our"), including the contact form and the SMS program described in Section 8. By accessing or using the Site, or by submitting a form, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

1. Eligibility

The Site is intended only for individuals 18 years of age or older, and for businesses acting through an authorized representative. By using the Site you represent that you are at least 18, have the legal capacity to enter into these Terms, and, if you act for an entity, have authority to bind it.

2. Website Usage Rights

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own personal or internal business evaluation purposes. All rights not expressly granted are reserved. We may modify, suspend, or discontinue any part of the Site, restrict access to any page, or refuse service to anyone, at any time and without notice.

3. User Obligations

When using the Site you agree to:

• Provide information that is accurate, current, and complete in every form, and update it if it changes.
• Use the Site only for lawful purposes and in compliance with all applicable laws and regulations.
• Keep any password, access code, or account credential we give you confidential and use it only for the purpose it was given.
• Submit only information you have the right to share. Do not submit another person's personal information without their permission.
• Not submit Social Security numbers, bank or payment card numbers, government ID numbers, or other highly sensitive data through a form or message.

You agree not to:

• Submit false, misleading, or fraudulent information, or impersonate any person or entity.
• Attempt to gain unauthorized access to the Site, its hosting, or related systems, or to probe, scan, or test their vulnerability.
• Interfere with or disrupt the Site, including through malware, denial-of-service activity, or excessive automated requests.
• Send unsolicited commercial messages, spam, or promotional material through the Site, or use its forms to send content that is unlawful, harassing, defamatory, or infringing.
• Scrape, crawl, or harvest data from the Site, or use automated tools or bots to submit forms, without our express written consent.
• Copy, frame, mirror, reverse engineer, or create derivative works from the Site or its content except as these Terms allow.

4. Our Services and Third-Party Brands

Kreative Brands provides sales, marketing, customer support, fulfillment, website, integration, and white label and resale services. Information on the Site is a general description and not an offer that can be accepted by clicking or submitting a form. Any engagement with us requires a separate written agreement, which controls over these Terms for its subject. We work with businesses in any lawful industry, and we may decline, suspend, or end any engagement at our discretion, including where a business or product does not comply with applicable law, carrier rules, or platform policies.

Products and services sold under a brand on our platform are offered by or on behalf of that brand. Each brand is responsible for its own products, claims, licenses, and compliance. References to a brand or product on the Site are not an endorsement or warranty by Kreative Brands.

5. No Professional Advice; Regulated Offerings

Nothing on the Site is investment, financial, legal, accounting, tax, or medical advice. Some brands on our platform may offer financial or other regulated products or services. Those are offered only by or through properly licensed or authorized parties, only where permitted by law, and only under the brand's own terms and disclosures. Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any security, loan, insurance, or other regulated product. Kreative Brands does not guarantee any outcome, result, or return for any brand, product, or service.

6. Submissions and Communications

Information you submit through the Site is handled under our Privacy Policy. You grant us a non-exclusive, worldwide, royalty-free license to use the content you submit to evaluate and respond to your inquiry, operate our business, and keep records. By providing your phone number, email, or other contact details, you agree that we may contact you about your inquiry by phone, email, and (where you opt in) text message. We may monitor or record calls and keep chat transcripts, and you consent to that by continuing the call or chat. Submitting a form does not create any partnership, agency, fiduciary, or confidential relationship. Do not send us confidential information until a written confidentiality agreement is in place.

7. Intellectual Property

The Site and its content, including text, graphics, logos, images, layouts, and software, belong to Kreative Brands or its licensors and are protected by copyright, trademark, and other laws. "Kreative Brands" is our name and mark. No right to use it is granted except as stated in Section 2. If you believe content on the Site infringes your rights, email info@thekreativebrands.com with enough detail to identify the content and your claim.

8. SMS Program Terms

This section applies to text messages sent by Kreative Brands LLC, as referenced in the Site footer and on our forms.

• Program description. You can opt in only by checking the optional SMS consent box on the contact form at thekreativebrands.com or on the opt-in page at thekreativebrands.com/sms, which also sets out the full program terms. If you opt in, we will send messages to the mobile number you provide about your inquiry, including replies to your questions, scheduling and follow-up, and related business communications. These messages may be sent using an automated system.
• Consent. Your consent to receive texts is not a condition of any purchase or service. Only provide a number you own or are authorized to use.
• Frequency. Message frequency varies based on your inquiry and our follow-up.
• Costs. Message and data rates may apply, according to your mobile plan. We do not charge for the program.
• Opt out. Reply STOP at any time. You will receive a final confirmation message and no further texts. You may also email info@thekreativebrands.com. Opting out of texts does not opt you out of other communications.
• Help. Reply HELP or contact us at info@thekreativebrands.com or +1 (801) 457-2469.
• Carriers. Participating carriers and we are not liable for delayed or undelivered messages.
• Eligibility. The SMS program is for individuals 18 or older.
• Privacy. We handle your number and messaging data as described in our Privacy Policy. We do not share mobile information, including phone numbers and opt-in consent, with third parties or affiliates for their marketing or promotional purposes.
• Changes. We may update or end the SMS program at any time, and we will honor opt-outs received before any change.

9. Third-Party Services and Links

The Site relies on third-party providers, including hosting, form processing, CRM, and messaging services, and may link to third-party sites, including brand websites. We do not control them and are not responsible for their content, availability, or practices. Your use of them is at your own risk and subject to their terms.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KREATIVE BRANDS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SITE, THESE TERMS, OR ANY CONTENT OR COMMUNICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND UNDER ANY THEORY OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). THESE LIMITS DO NOT EXCLUDE LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS LIABILITY FOR FRAUD. ANY LIABILITY IN CONNECTION WITH A PAID ENGAGEMENT WILL BE GOVERNED SOLELY BY THE SEPARATE WRITTEN AGREEMENT FOR THAT ENGAGEMENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kreative Brands and its members, managers, officers, employees, affiliates, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your use of the Site, your submissions, your violation of these Terms or applicable law, or your violation of any third party's rights, including providing a phone number you do not own or are not authorized to use.

13. Suspension and Termination

We may suspend or terminate your access to the Site at any time and for any reason, including a breach of these Terms. Sections that by their nature should survive termination will survive, including Sections 3 through 7 and 9 through 16.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Site will be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to their personal jurisdiction and venue. To the extent permitted by law, any claim must be brought within one (1) year after it arises, and claims may be brought only in your individual capacity and not as part of a class or representative action.

15. Changes to These Terms

We may update these Terms at any time by posting a revised version here with a new effective date. Your continued use of the Site after the effective date means you accept the revised Terms. For material changes to the SMS program, we will give additional notice where the law requires.

16. General

These Terms and the Privacy Policy are the entire agreement between you and Kreative Brands about the Site and supersede earlier statements about it. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in connection with a merger, financing, or sale of assets. Any separate written agreement we sign with you controls over these Terms for the subject it covers.

17. Contact

For questions about these Terms or the SMS program:

Kreative Brands LLC
3300 Triumph Blvd, Lehi, UT 84043
info@thekreativebrands.com
+1 (801) 457-2469